The art of design and its rapid development in the modern world pushes the consumer to pay more and more attention not only to the product usefulness, but also to its attractive aesthetic appearance. Therefore, manufacturers have to invest a lot of resources in product design, and as a result, the question arises of how to protect the created design solution.
Industrial design is a shape, drawing, color or their combination that defines the appearance of an industrial product and is designed to satisfy aesthetic and ergonomic needs.
The main function of an industrial design is to attract the buyers attention by its external design. Often it is the product appearance that becomes the decisive factor for the purchase
What can be registered as an industrial design?
An original design, well-recognizable package or a unique website interface – all this can be an industrial design. In other words, this is an artistic and design solution for any industrial product, for example – the unique shape of the door, the label on the jeans, the appearance of the chair and much more, which makes a certain type of the product different from others.
Sometimes there are seemingly absurd examples of an industrial design. Thus, Apple has made accusations against Samsung regarding the copying of the phone form. One of the arguments of the Apple’s lawyers was a registered design patent for a black rectangular front surface with rounded corners (phone body). Despite the absurdity of such a patent, the court nevertheless ordered Samsung to pay $ 930 million.
In Ukraine, the very procedure for registration of industrial designs is quite accessible and understandable. Any authorized person can become the owner of an industrial design in a relatively quick time and for a small fee. But in practice, the “availability” of obtaining an industrial design can also become a trick for unfair subjects.
An industrial design meets the eligibility criteria if it is new and has an individual character. An application filed for registration of an industrial design undergoes only a formal examination, during which the correctness of the application documents, the compliance of the application materials with the requirements of the law is checked, the object belonging to those to which the legal protection is granted is determined, the object is classified and the unity of the industrial design is checked (whether the application concerns only one industrial design).
Under this Agreement, the international deposit of an industrial design can be made either directly with the International Bureau of the WIPO or through the mediation of the national industrial property office of the state party to the Agreement that is the state of the design origin.